Can I Apply for Citizenship with a Pending Conditional Green Card?
Navigating the complexities of the United States immigration system can be challenging, especially when it comes to applying for citizenship while holding a conditional green card. Many individuals with conditional permanent residency status often wonder if they can apply for citizenship while their conditional green card is still pending. This article aims to provide a comprehensive overview of the process and the factors to consider when applying for citizenship with a pending conditional green card.
Understanding Conditional Green Cards
A conditional green card is issued to individuals who have been granted permanent residency but are required to prove that their marriage to a U.S. citizen or their investment in a U.S. business is bona fide. Conditional permanent residency status is typically valid for two years, after which the individual must file a petition to remove the conditions to maintain their permanent residency.
Eligibility for Citizenship with a Pending Conditional Green Card
To apply for citizenship with a pending conditional green card, an individual must meet certain requirements. These include:
1. Holding a conditional green card for at least two years.
2. Being a lawful permanent resident of the United States for at least five years (or three years if married to a U.S. citizen).
3. Meeting the residency, physical presence, and continuous residence requirements.
4. Demonstrating good moral character.
5. Passing the English and civics tests.
Applying for Citizenship with a Pending Conditional Green Card
If you meet the eligibility requirements, you can apply for citizenship with a pending conditional green card. Here’s a step-by-step guide on how to proceed:
1. File Form N-400, Application for Naturalization, along with the required supporting documents.
2. Pay the application fee and any applicable biometric services fee.
3. Attend your biometrics appointment to provide your fingerprints and photograph.
4. Prepare for and take the naturalization interview and civics test.
5. If you pass the interview and test, you will be scheduled for an oath ceremony.
Considerations and Potential Challenges
While it is possible to apply for citizenship with a pending conditional green card, there are some considerations and potential challenges to keep in mind:
1. Processing Time: Applying for citizenship with a pending conditional green card may take longer than applying without conditions, as the U.S. Citizenship and Immigration Services (USCIS) must review both your conditional green card and citizenship applications simultaneously.
2. Conditional Green Card Removal: You must also file Form I-751, Petition to Remove Conditions on Residence, to remove the conditions on your green card. This petition must be filed before your conditional green card expires.
3. Proof of Marriage or Investment: If you obtained your conditional green card based on marriage or investment, you must provide evidence of the bona fides of your relationship or investment.
Conclusion
In conclusion, it is possible to apply for citizenship with a pending conditional green card, but it requires careful planning and adherence to the necessary requirements. By understanding the process and the potential challenges, individuals can navigate the complexities of the U.S. immigration system and take the necessary steps to become a naturalized citizen.
